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논문 기본 정보

자료유형
학술저널
저자정보
백윤철 (대구사이버대학교)
저널정보
한양법학회 한양법학 한양법학 제29권 제3집(통권 제63집)
발행연도
2018.8
수록면
135 - 157 (23page)
DOI
10.35227/HYLR.2018.08.29.3.135

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초록· 키워드

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The Constitution is the supreme law on the rights and obligations of the people and the organization and their actions, and the governing body is responsible for ensuring the people`s basic rights to enhance them or enhance them. Therefore, the modern welfare state, active people`s basic rights is the current constitution based on principles of national or state of war or equivalent in biophysical science, I need to ensure the maximum. The economy occurs, such as Great Depression, president and governing body and protect the Constitution, in order to protect the Constitution as a means of existence can invoke a national emergency power. These national emergency power, while ensuring the full basic rights of the people in the event of an urgent situation to the fast must end as soon as possible.
The long-term right is necessary to preserve the existence of the state and constitutional order in the event of emergency situations, such as wars, civil wars, and economic crisis that can not be dealt with by ordinary constitutional government bodies. The fact that a constitutional impediment can be solved by the normal method set by the Constitution distinguishes it from emergencies. Staatsnotrecht extraordinary powers of the president or not, Depending on the means of protecting the basic rights of the Constitution limited exceptions can not and can be. Today, the nature of national emergency power to extraordinary powers of the president without emergency safeguards or the protection of the constitution will make themselves understood in terms.to exist. And it looked at the martial law, one of the country`s oldest nations, and its representative countries discussed France and Germany as the countries in Britain, the United States, and the legal system of the continent.
This time Lee during the war, the president the name of the National Security is about the measures and, for the exercise, process and for the legitimate extent. National emergency power in the discussion is important to look at, food, and about how many civilians and innocent people were slaughtered by this, it is. Under the guise of being stability of the United States Army Military Government with the extension of the Lee Seung-man administration was be a national emergency power.
Looking at the recent Jeju 4.3. Democracy Movement, I think it is a timely topic to discuss the nation`s long-term fiscal authority. I would like to take a broad look at the nation`s long-term power and discuss important issues during the Jeju 4.3.. 4.19. Revolution of 1960, the Lee Seung-man administration is resignation, the government to second base after his apology, compensation for victims, but 5.16 coup d’État, Jeju-city, Jeju-do, Korea by 4.3. The democratic resistance Incapable of speech military regimes in honor of Jeju`s residents, this is not revive, Kim Dae-jung, No Mu-hyeon and Moon Jae-in the truth and truth by the president. Fame of Jeju`s residents, and recovery, but still the spiritual and physical damage compensation to be desired. I believe that a full compensation and honor recovery should be made for this.

목차

Ⅰ. 서설
Ⅱ. 헌법수호로서 국가긴급권
Ⅲ. 제주 4.3. 민주화 항쟁
Ⅳ. 결어
참고문헌
Abstract

참고문헌 (82)

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